Latest Reform Published DOF April 9, 2012
On the sidelines a seal with the National Shield that says: United Mexican States.-Presidency of the Republic.
CARLOS SALINAS DE GORTARI; Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has been used to address the following
D E C R E T O
" THE CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
Article 1o.- This law is a regulation of Article 27 of the Constitution on agrarian and general observance throughout the Republic.
Article 2o.- As not provided for in this law, the federal civil law and, where applicable, mercantile legislation, shall be applied in accordance with the relevant matter.
The exercise of the property rights referred to in this law in relation to urban exploitation and ecological balance will be in accordance with the provisions of the General Law Human Settlements, the Law of Ecological Balance and Environmental Protection and other applicable laws.
Article 3o.- The Federal Executive will promote the coordination of actions with the governments of the federative entities and the municipalities, in the field of their corresponding powers, for the proper implementation of this law.
AGRICULTURAL DEVELOPMENT AND PROMOTION
Article 4o.- The Federal Executive will promote the integral and equitable development of the rural sector through the promotion of productive activities and social actions for to increase the well-being of the population and its participation in national life.
The producer organizations will be able to develop proposals for development and promotion policies in the field, which will be agreed with the Federal Executive for its implementation.
Article 5o.- The competent agencies and agencies of the Federal Public Administration will encourage the care and conservation of natural resources and promote their rational and sustained use to preserve the ecological balance; they will foster the improvement of the production conditions by promoting and in their case by participating in infrastructure and investments to exploit the potential and The ability of the land to benefit the people and workers of the countryside.
Article 6o.- The competent authorities of the Federal Public Administration will seek to establish the conditions for channelling investment and credit resources. permit the capitalization of the field; encourage the conjunction of pregod and plots in productive units; encourage all types of associations for productive purposes among ejidatarios, communeros and small owners, and any of them; to promote scientific and technical research and transfer of its results among all rural producers; support the training, organization and association of producers to increase productivity and improve production, processing and marketing; advising workers rural development; and to carry out the actions that promote social and regionally balanced development of the rural sector.
Article 7o.- The Federal Executive will promote and carry out actions that protect life in community, encourage their free development and improve their chances of attending and satisfying the demands of its members.
Article 8o.- In the terms established by the Planning Law, the Federal Executive, with the participation of the producers and residents of the field through their organizations representative, formulate medium-term and annual programmes in which the goals, resources and geographical distribution and objectives, responsible institutions and deadlines for implementation will be set, for the integral development of the field Mexican.
OF EJIDS AND COMMUNITIES
Of The Ejidos
Article 9o.- The ejido or ejido population cores have legal personality and their own heritage and own the lands that have been endowed or have been granted to them. have been acquired by any other title.
Article 10.- The ejidos operate in accordance with their rules of procedure, without further limitations in their activities than those provided by the law. Its regulations will be entered in the National Agrarian Registry, and must contain the general bases for the economic and social organization of the ejido that are freely adopted, the requirements to admit new ejido, the rules for the the use of common land, as well as other provisions which under this law must be included in the regulation and the other provisions which are considered relevant by each ejido.
Article 11.- The collective exploitation of the ejido lands may be adopted by an ejido when its assembly so resolves, in which case the provisions on how to organise the work and exploitation of the resources of the ejido, as well as the mechanisms for the equitable sharing of profits, the establishment of reserves of capital, social security or services, and to integrate the common funds.
Collective ejidos already constituted as such or who adopt the collective exploitation may modify or conclude the collective regime by resolution of the assembly, in the words Article 23 of this Law.
Of Ejidatees and Neighborhoods
Article 12.- Men and women are ejido holders of ejido rights.
Article 13.- The numbers of the ejido, for the purposes of this law, are those older Mexicans who have resided for a year or more in the lands of the population (a) the rules for the application of the law of the Court of Justice of the European Union; The coming of the law enjoys the rights that this law confers upon them.
Article 14.- It is up to the ejidatarios to use and enjoy their plots, the rights that the internal rules of each ejido grant to them on the other lands (i) the legal and other legal aspects.
Article 15.- To be able to acquire the quality of ejidatary is required:
I. Be a Mexican older or of any age if you have a family in your care or are heir to the ejidatary; and
II. Be an end of the corresponding ejido, except in the case of an heir, or meet the requirements laid down by each ejido in its rules of procedure.
Article 16.- The quality of the ejidatary is credited:
I. With the certificate of agricultural rights issued by competent authority;
II. With the parcelary or common rights certificate; or
III. With the judgment or relative resolution of the agrarian court.
Article 17.- The ejidatary has the power to designate who is to succeed him in his or her rights to the plot and the other inherent in his or her quality of ejidatary, for which it shall be sufficient for the ejidatary to draw up a list of succession in which the names of the persons are established and the order of preference under which the award of the right to death is to be made. To this end, he may designate one of the children, one of the relatives or any other person, to the spouse, to the concubine or concubinary.
The list of succession must be deposited in the National Agrarian Register or formalized before the public purse. The same formalities may be amended by the party itself, in which case the date of later date shall be valid.
Article 18.- Where the ejidatary has not made a successor designation, or where none of those listed in the list of heirs may inherit for material or legal impossibility, the agricultural rights shall be transmitted according to the following order of preference:
I. To the spouse;
II. To the concubine or concubinaire;
III. To one of the children of the ejidatary;
IV. To one of its ascendants; and
V. To any other person who is economically dependent on him.
In the cases referred to in fractions III, IV and V, if the death of the ejidatary results in two or more persons entitled to inherit, the heirs shall enjoy three months from the death of the ejido to decide who, among them, will retain the ejido rights. In the event that they do not agree, the Agrarian Tribunal will provide the sale of these ejido rights in public auction and will distribute the product, in equal parts, among the people with the right to inherit. In the case of equal positions in the auction, any of the heirs shall have preference.
Article 19.- When there are no successors, the agricultural court will provide what is necessary for the sale of the rights corresponding to the highest bidder, among the ejido (a) the number of the population at the core of the population concerned. The amount of the sale shall correspond to the core of the ejidal population.
Article 20.- The quality of the ejidatary is lost:
I. For the legal transfer of their common and common rights;
II. For the waiver of their rights, in which case they will be understood as ceded in favor of the population core;
III. By negative prescription, if applicable, when another person acquires their rights under the terms of Article 48 of this law.
Of The Ejido Organ
Article 21.- These are the organs of the ejidos:
I. The assembly;
II. Ejidal curating; and
III. The surveillance council.
Article 22.- The supreme organ of the ejido is the assembly, in which all ejido members participate.
The ejidal commissariat will carry a record book in which it will settle the names and basic identification data of the ejidatarios that make up the core of the ejido population. corresponding. The assembly shall review the seats that the commissariat performs in accordance with the provisions of this paragraph.
Article 23.- The assembly shall meet at least once every six months or more frequently when determined by its regulations or custom. The following matters shall be the exclusive competence of the assembly:
I. The formulation and modification of the internal regulations of the ejido;
II. Acceptance and separation of ejido, as well as their contributions;
III. Reports of the ejidal commissariat and the surveillance council, as well as the election and removal of its members;
IV. Accounts or balances, application of the economic resources of the ejido and granting of powers and mandates;
V. Approval of contracts and agreements intended to be used or enjoyed by third parties of common land;
VI. Distribution of gains that throw the activities of the ejido;
VII. The identification and delimitation of the areas necessary for human settlement, legal foundation and plots with specific destination, as well as the location and relocation of the area of urbanization;
VIII. Recognition of economic or de-facto parcelement and regularisation of possession of possesionaries;
IX. Authorization to the ejidatarios to adopt the full domain over their plots and the contribution of the common land to a society, in the terms of Article 75 of this law;
X. Delimitation, allocation and destination of common land as well as its operating system;
XI. Division of the ejido or its merge with other ejidos;
XII. Termination of the ejidal regime when, after obtaining the opinion of the Agrarian Attorney's Office requested by the population nucleus, it is determined that the conditions for its permanence no longer exist;
XIII. Conversion of the ejidal regime to the communal regime;
XIV. Establishment, modification and cancellation of the collective operating system; and
XV. Other than establish the law and the rules of procedure of the ejido.
Article 24.- The assembly may be convened by the ejidal commissariat or by the supervisory board, either on its own initiative or if at least twenty ejidatarios or Twenty percent of the total number of ejido members that integrate the core of the ejido population. If the commissariat or the council does not do so within five working days of the request, the same number of ejidatarios may request the Agrarian Attorney's Office to convene the assembly.
Article 25.- The assembly must be held within the ejido or in the usual place, except for justified cause. To this end, a call must be issued not less than eight days in advance and no more than 15 days, by means of cards fixed in the most visible places of the ejido. The issues to be dealt with and the venue and date of the meeting will be expressed in the cedula. The ejidal commissariat shall be responsible for the permanence of such cedules in the places fixed for the purposes of their advertising until the day of the celebration of the assembly.
The call to be issued to deal with any of the matters referred to in Article 23 (VII) to (XIV) of this Law shall be issued at least one month from the date of anticipation of the scheduled date for the celebration of the assembly.
If the day indicated for the assembly were not met the required majorities of assistance for its validity, a second call will be issued immediately. In this case, the assembly shall be held within a period of not less than eight or more than 30 days from the issue of the second call.
Article 26.- For the valid assembly of the assembly, when the assembly is convened by virtue of first call, at least half of the assembly must be present. ejidatarios, except where the cases referred to in the fractions VII to XIV of Article 23 are dealt with, in which case at least three quarters of the ejidatarios shall be present.
When convened by virtue of second or subsequent convocation, the assembly shall be validly celebrated whatever the number of ejidatees who attend, except in the case of the an assembly which is aware of the cases referred to in Article 23 (VII) to XIV (XIV), which shall be installed only when one or more of the ejidatees is reunited.
Article 27.- The resolutions of the assembly shall be validly taken by a majority of the votes of the ejidatarios present and shall be compulsory for the absent and dissenters. In case of a tie the President of the ejido commissariat will have a vote of quality.
In the case of any of the cases referred to in Article 23 (VII) to XIV of this Law, the approval vote of two-thirds of the participants shall be required. assembly.
Article 28.- In the assembly that deals with the detailed matters in fractions VII to XIV of article 23 of this law, a representative of the Attorney General's Office must be present. Agrarian as well as a public fedatary. To this effect, who issues the call must notify the Attorney General's Office about the holding of the assembly, with the same anticipation required for the issue of the assembly and must provide what is necessary for the public purse to attend. The Office of the Attorney General shall verify that the notice issued to deal with the matters referred to in this article has been made with the advance and formalities referred to in Article 25 of this Law.
The assemblies that meet in violation of the provisions of this article will be null and void.
Article 29.- When the assembly resolves to terminate the ejidal regime, the respective agreement will be published in the Official Journal of the Federation and in the major newspaper circulation in the locality where the ejido is located.
Upon settlement of the remaining obligations of the ejido, the ejido lands, with the exception of those that constitute the area necessary for the human settlement, shall be assigned in Full control of the ejidatees according to their respective rights, except in the case of forests or rainforests. The land area allocated by this concept to each ejidatary shall not exceed the limits laid down for the small property. If, after the allocation, there are surplus of land or are treated as forests or rainforests, they will pass to the nation.
Article 30.- For the valid assistance of a representative to an assembly, a letter-power shall be sufficient to be duly subscribed by the holder to two witnesses who are The same core as the mandant belongs to the same core. In case the sending ejidatary cannot sign, it will print its fingerprint in the letter and ask a third party to sign the same and hold the name of both.
The president will only be able to represent an ejidatary in the assembly for which he was entrusted with power; he must be settled in the minutes of the assembly, the participation of the president and the document with which he was accredited.
In the case of assemblies which meet to deal with the cases referred to in fractions III, VII to XIV of Article 23 of this Law, the ejidatary may not designate president.
Article 31.- The corresponding record shall be lifted from all assembly, which shall be signed by the members of the ejidal commissariat and the supervisory board attending, as well as by the ejido members present who wish to do so. In case anyone who must sign is unable to do so, they will print their fingerprint below where their name is written.
When there is non-compliance with any of the agreements settled in the minutes, any ejidatary may sign under protest stating such fact.
When it is the assembly that discusses the matters set forth in fractions VII to XIV of article 23 of this law, the act shall be passed before the faith of the public servant and signed by the representative of the Agrarian Procuratorate who will attend the same and registered in the National Agrarian Registry.
Article 32.- The ejido commissariat is the organ responsible for the execution of the assembly agreements, as well as the representation and administrative management of the ejido. It shall be constituted by a President, a Secretary and a Treasurer, owners and their respective alternates. It shall also count on the committees and the auxiliary secretaries who point out the rules of procedure. This will have to contain the form and extension of the functions of each member of the commissariat; if nothing disposes, it will be understood that its members will work together.
Article 33.- They are commissariat faculties and obligations:
I. Represent the core of the ejido population and administer the commons of the ejido, in terms of the assembly, with the powers of a general manager for acts of administration and litigation and collections;
II. To ensure that the rights of the ejido are strictly respected;
III. Convene the assembly in the terms of the law, as well as comply with the agreements that dictate the same;
IV. Giving the assembly of the tasks carried out and the movement of funds, as well as informing the assembly about the work of harnessing the common lands and the status in which they are located;
V. The others that point to the law and the internal rules of the ejido.
Article 34.- The members of the ejido commissariat who are in office, will be unable to acquire land or other ejido rights except by inheritance.
Article 35.- The supervisory board shall consist of a Chairman and two Secretaries, owners and their respective alternates and shall operate in accordance with their powers and the rules of procedure; if this is not available, it will be understood that its members will work together.
Article 36.- They are powers and obligations of the surveillance council:
I. Monitor that the acts of the commissariat conform to the precepts of the law and to the provisions of the rules of procedure or assembly;
II. Review the accounts and operations of the commissariat in order to make them known to the assembly and to denounce the irregularities in which the commissariat has been committed;
III. Convene assembly when curating is not done; and
IV. The others that point to the law and the internal rules of the ejido.
Article 37.- The members of the commissariat and the supervisory board, as well as their alternates, shall be elected in assembly. The vote will be secret and public and immediate scrutiny. If the vote is tied, the vote will be repeated and if the ballot is returned, the positions will be allocated by lot among the individuals who have obtained the same number of votes.
Article 38.- To be a member of a commissariat or of the surveillance council it is required to be an ejidator of the core population in question, to have worked in the ejido during the last six months, to be in full enjoyment of your rights and not to have been sentenced for intentional offence that warrants custodial sentence. You must also work in the ejido for the duration of your order.
Article 39.- The members of the commissariats and the supervisory boards will last three years. Henceforth they will not be able to be elected to any office within the ejido, but until a lapse of time has elapsed to the one in which they were in exercise.
If, at the end of the period for which the ejido commissariat has been elected, no elections have been held, its own members shall be automatically replaced by the alternates. The supervisory board shall hold elections within a period of no more than 60 days from the date on which the functions of the owning members are completed.
Article 40.- The removal of the members of the commissariat and of the supervisory board may be agreed by secret vote at any time by the assembly that will be convened by the Attorney General's Office. Agricultural on the basis of the application of at least twenty-five percent of the ejidatarios of the nucleus.
Article 41.- As an organ of community participation, a community meeting can be established in each ejido, composed of the ejidatarios and the coming of the nucleus of the population, which may make proposals on issues relating to the town, its public services and the community work of human settlement.
The integration and functioning of the population boards will be determined in the regulation that will have the effect of the members of the group and may include the commissions to be judged necessary to manage the interests of the people.
Article 42.- They are attributions and obligations of the population boards:
I. To discuss social and urban services with the municipal authorities; propose measures to improve them; suggest and contribute in the processing of suggested measures;
II. Report in conjunction with the ejido commissariat to the municipal authorities on the state that schools, markets, hospitals or clinics, and in general all that inside the human settlement is of interest to the inhabitants;
III. To discuss housing and health problems, as well as make recommendations to improve housing and sanitation;
IV. Give the assembly of the ejido the needs that exist on urban solar or the slopes of regularization; and
V. The others that point out the regulations of the board of residents, which are limited to issues related to the human settlement and which are not contrary to the law or the powers provided for by this law for the organs of the ejido.
Of The Ejidal Lands
Article 43.- These are ejido lands and therefore are subject to the relative provisions of this law that have been endowed to the core of ejidal or incorporated population to the ejidal regime.
Article 44.- For the purposes of this law, the ejido lands, by their destination, are divided into:
I. Lands for human settlement;
II. Common usage lands; and
III. Land parcels.
Article 45.- The ejido lands may be the subject of any association or exploitation contract concluded by the core of the ejido population, or by the ejido holders, in the case of land of common use or parcels, respectively. Contracts involving the use of ejido land by third parties shall have a duration in accordance with the relevant production project, no longer than 30 years, which may be extended.
Article 46.- The core of the ejidal population, by resolution of the assembly, and the ejidatarios on the individual may grant in guarantee the usufruct of the lands of common use and of the land, respectively. This guarantee may be granted only in favour of credit institutions or persons with whom they have association or commercial relations.
In the event of non-compliance with the guaranteed obligation, the creditor, by decision of the agricultural court, may make the guarantee of the land effective until the agreed period, to which expiration will return the usufruct to the ejidal population core or the ejidator as the case may be.
This guarantee must be lodged with the public purse and register with the National Agrarian Registry.
Article 47.- Within the same ejido, no ejidatary may be the holder of the parcelary rights over an extension greater than the equivalent of five percent of the land These are not more than the equivalent of the small property. For the purposes of computation, the ejido lands and the full domain lands shall be cumulative.
The Secretariat of the Agrarian Reform, after hearing, will order the ejitadario concerned to dispose of the surpluses within a period of one year from the date of the relevant notification. If the party has not been in agreement within the prescribed period, the Secretariat shall, where appropriate, split the surplus and the rights corresponding to the highest bidder among the members of the population core, while respecting the rights of the members of the population. This is the preference given in Article 80 of this Law.
Article 48.- Who has owned ejido land, as a holder of the rights of the ejido, other than those intended for human settlement, or for forests or jungles, in a peaceful, continuous and public manner for a period of five years if the possession is in good faith, or ten if it is in bad faith, the same rights as any ejidatary on its plot shall be acquired on those lands.
The holder may go before the agricultural court so that, after hearing from the interested parties, the ejido commissariat and the adjacent ones, on the way of voluntary jurisdiction or by means of the judgment of the corresponding judgment, issue resolution on the acquisition of the rights on the plot or land in question, which will be communicated to the National Agrarian Registry, so that it will immediately issue the certificate corresponding.
The complaint filed by any interested party before the agrarian court or the complaint to the Public Ministry for dispossession will interrupt the deadline referred to in the first paragraph of this article until final resolution is given.
Article 49.- The nuclei of ejido or communal population that have been or are illegally deprived of their lands or waters, may come, directly or through the Attorney General, before the agrarian court to request the restitution of his assets.
Article 50.- The ejido and the ejidos may form unions of ejidos, rural associations of collective interest and any type of commercial or civil society or of any other nature which is not prohibited by law, for the best use of the ejido lands, as well as for the marketing and processing of products, the provision of services and any other objects which permit the best development of their activities.
Article 51.- The population core itself and the ejidatarios may constitute guarantee funds to deal with the credit obligations they contract, which are create and organize in accordance with the guidelines issued by the Federal Executive through the Secretariat of Finance and Public Credit.
Of The Ejido Waters
Article 52.- The use or use of the ejido waters corresponds to the ejidos themselves and to the ejidatarios, according to whether they are common or browsed lands.
Article 53.- The distribution, use-and-pass easements, maintenance, contributions, fees, rights transmissions, and other aspects relating to the use of water volumes of the ejidos shall be governed by the laws and norms of the matter.
Article 54.- The ejidal population cores benefiting from irrigation districts or other supply systems are obligated to cover the tariffs. applicable.
Article 55.- The downages within the ejido lands, provided that they have not been legally assigned individually, shall be of common use and their use shall be made as provided by the internal rules of the ejido or, in its absence, according to the custom of each ejido, as long as the law and normativity of the matter are not contravened.
Of The Delimitation and Destination of the Ejidal Lands
Article 56.- The assembly of each ejido, with the formalities provided for this effect in Articles 24 to 28 and 31 of this law, may determine the fate of the lands that do not they are formally paralyzed, they are to be left for the holding, to recognize the economic or de facto leave or to regularise the possession of the possessionals or those who lack the corresponding certificates. Consequently, the assembly may assign them to the human settlement, to the common use or to place them in favor of the ejidatarios. In any case, from the general plan of the ejido which has been drawn up by the competent authority or the National Agrarian Registry, it shall proceed as follows:
I. If you consider it appropriate, you will reserve the land extensions corresponding to the human settlement and delimit the common use lands of the ejido;
II. If the land has not been regulated or vacant, it may allocate the ejido rights for such land to individuals or groups of individuals; and
III. Rights on common land shall be presumed to be granted in equal parts, unless the assembly determines the allocation of different proportions, due to the material, work and financial contributions of each individual.
In any case, the National Agrarian Registry shall issue the technical standards to be followed by the assembly when the land is demarcated within the ejido and has been established in the same way. of the aid that I have requested. The Register shall certify the internal plane of the ejido, and on the basis of it, shall issue the certificates of common rights or certificates of common rights, or both, as the case may be, in favor of each and every individual of the members of the ejido, in accordance with the instructions of the assembly, through the commissariat or by the representative appointed. These certificates must be registered in the National Agrarian Register.
Article 57.- To proceed to the allocation of land rights referred to in section III of the previous article, the assembly shall adhere to, except for justified cause and express, to the following order of preference:
I. Possessionals recognized by the assembly;
II. Ejidatees and nobles of the population core whose dedication and care are noticeable or have improved with their work and investment the lands in question;
III. Children of ejido and other persons who have worked the land for two years or more; and
IV. Other individuals, in the judgment of the assembly.
When the assembly so decides, the land allocation may be done by resolution of the assembly itself, in exchange for a consideration that goes to the benefit of the core of ejidal population.
Article 58.- The allocation of parcels by the assembly shall always be based on the area identified in the general plan of the ejido and, when subject to rights equal to the order of precedence set out in the previous article, shall be made by lot. The assembly in which the draw takes place must be attended by a fedatary or a representative of the Agrarian Attorney's Office certifying the corresponding record.
Article 59.- The allocation of plots in forests or rainforests shall be null and void.
Article 60.- The cession of land rights of common use by an ejidatary, unless it has also yielded its parcelary rights, does not imply that it loses its quality as such, but only their rights to the use or proportional benefit on the corresponding land.
Article 61.- The allocation of land by the assembly may be challenged before the agrarian court, directly or through the Agrarian Attorney's Office, by the individuals who they are affected by the allocation and are twenty per cent or more of the total number of the members of the respective core, or of their own office when the Ombudsman is presumed to have made the assignment with serious defects or defects or can seriously disrupt public order, in which case the court will dictate the measures necessary to achieve the reconciliation of interests. Those injured in their rights by virtue of the land allocation may also come before the agricultural court to deduct their claim individually, without this being able to imply the invalidation of the allocation of the other land.
The allocation of land that has not been contested in a term of ninety calendar days after the corresponding resolution of the assembly shall be final and final.
Article 62.- On the basis of the allocation of parcels, the beneficiaries shall be entitled to the rights to use and usufruct in the terms of this law.
When the allocation has been made to a group of ejidatees, it shall be presumed, unless proof to the contrary, that they enjoy such rights in equal parts, and shall be exercised in accordance with the (a) agreed between them or, failing that, to the provisions of the rules of procedure or the resolution of the assembly and, in addition, in accordance with the rules of co-ownership provided by the Civil Code for the Federal District in the Common Matter and for the entire Republic in Federal Matter.
Of Human Settlement Lands
Article 63.- The lands destined for human settlement integrate the area necessary for the development of the communal life of the ejido, which is composed of the lands in which the area of urbanization and its legal foundation. The same protection will be given to the school plot, the industrial agricultural unit of the woman, the productive unit for the integral development of the youth and the other areas reserved for the settlement.
Article 64.- The ejido lands destined by the assembly to the human settlement make up the irreducible area of the ejido and are inalienable, imprinted and inembargable, except as provided for in the last paragraph of this Article. Any act intended to alienate, prescribe or embark upon such land shall be null and void.
The federal, state and municipal authorities, and especially the Agrarian Attorney General's Office, will keep an eye on the fact that the legal foundation of the ejido is protected at all times.
The solar in the ejido urbanization zone does not apply to them as provided in this article.
The population center will be able to contribute land from the settlement to the municipality or corresponding entity to dedicate them to the public services, with the intervention of the Attorney General's Office. Agriculture, which shall ensure that the land is actually intended for that purpose.
Article 65.- When the ejidal town is settled on ejido lands, the assembly may decide to delimit the urbanization zone in the most convenient way, respecting the applicable regulations and the rights of the parcelaries. Likewise, the assembly will be able to resolve the delimitation of the population's growth reserve, in accordance with the laws of the matter.
Article 66. For the location, dislination and fractionation of the urbanization zone and its growth reserve, the intervention of the corresponding municipal authorities and the technical standards issued by the Secretariat for the Environment and Natural Resources shall be observed.
Article 67.- When the assembly constitutes the area of urbanization and its growth reserve, it will separate the necessary areas for the public services of the community.
Article 68.- Solar will be fully owned by its owners. Any ejidatary shall be entitled to receive a solar free of charge when this is possible, where possible, the area of urbanization. The extension of the site shall be determined by the assembly, with the participation of the corresponding municipality, in accordance with the applicable laws regarding the fractionations and taking into account the characteristics, uses and customs of each region.
The assembly will make the allocation of solar to the ejido, determining in an equitable way the area corresponding to each one of them. This appropriation will be made in the presence of a representative of the Agrarian Attorney General's Office and according to the solar panels, which will result from the plan approved by the same assembly and registered in the National Agrarian Registry. The respective minutes shall be entered in the Register and the certificates issued by each site shall constitute the corresponding official titles.
Once the needs of the ejidatarios are met, the surplus solar will be able to be leased or alienated by the core of the ejido population to people who wish to come.
In the case of ejidos in which the area of urbanisation is already established and the solar systems have already been allocated, the securities shall be issued in favour of their legitimate holders.
Article 69.- The ownership of the solar power shall be credited with the document referred to in the previous article and subsequent legal acts shall be governed by the common law. For these purposes, the securities shall be entered in the Public Registry of the Property of the corresponding entity.
Article 70.- In each ejido the assembly may decide on the unlinde of the surfaces it deems necessary for the establishment of the school plot, which is (a) to provide for the research, teaching and dissemination of agricultural practices that allow for more efficient use of the human and material resources of the ejido. The rules of procedure of the ejido will normalize the use of the school plot.
Article 71.- The assembly may also reserve a surface in the extension it determines, located preferably in the best lands adjacent to the area development, which will be used for the establishment of an agricultural farm or of rural industries exploited by women over the age of 16 in the core population. This unit will be able to integrate facilities specifically for the service and protection of the peasant woman.
Article 72.- In every ejido and community a plot can be used to constitute the productive unit for the integral development of the youth, where carry out social, economic, cultural, health and training activities aimed at ensuring that the children of ejidatarios, community members, and those who are older than fourteen and under twenty-nine years of age achieve a healthy, full and productive integration in the development of the field. This unit shall be administered by a committee whose members shall be designated exclusively by the members of the committee.
The start-up and the unit's operating costs will be covered by its members, who will be able to use the financing and advisory programs of the Federation, states, Federal District and municipalities.
Common Usage Lands
Article 73.- Common-use ejido lands constitute the economic sustenance of life in the community of the ejido and are shaped by those lands that have not been specially reserved by the assembly for the settlement of the population core, nor are the lands of the population.
Article 74.- The ownership of common land is inalienable, imprinted, and inembargable, except for the cases provided for in Article 75 of this Law.
The rules of procedure shall regulate the use, use, access and conservation of common land for the common use of the ejido, including the rights and obligations of ejido and the with respect to those lands.
Common land rights are credited with the certificate referred to in Article 56 of this Law.
Article 75.- In cases of manifest utility for the core ejidal population, it may transmit the domain of common land to commercial or civil societies in Those involving the ejido or ejidatees according to the following procedure:
I. The contribution of the land must be settled by the assembly, with the formalities provided for this effect in Articles 24 to 28 and 31 of this law;
II. The respective development and social-writing project will be submitted to the opinion of the Agrarian Procuratorate, which will have to analyze and decide on the certainty of the realization of the projected investment, the rational use and (a) sustained natural resources and equity in the terms and conditions that they propose. This opinion shall be issued in a term not greater than thirty working days to be considered by the assembly when adopting the corresponding resolution. The above, without prejudice to the fact that, for the purposes of this fraction, the ejido may have recourse to the professional services it considers relevant.
III. In the assembly that resolves the contribution of the lands to the society, it will be determined whether the actions or social parts of the society correspond to the nucleus of ejidal population or to the ejidatarios individually considered, according to the the proportion that corresponds to them according to their rights on the land provided.
IV. The subscription value of the shares or social parts corresponding to the ejido or the ejidatarios for the contribution of their land, shall be at least equal to the reference price established by the Commission of Avaluos of National Goods or any credit institution.
V. When partners outside the ejido, this or the ejidatarios are involved, where appropriate, they shall have the inalienable right to appoint a commissar who reports directly to the assembly of the ejido, with the functions that on the supervision of the companies provides for the General Law of Companies. If the ejido or the ejido do not appoint a commissar, the Agrarian Attorney General shall, under his responsibility, do so.
The companies that comply with this article must comply with the provisions of Title VI of this Law.
In case of the liquidation of the society, the core of the ejido population and the ejidatarios, according to their participation in the social capital, and under the strict supervision of the Attorney General's Office. Agrarian, they will have preference, with respect to the other partners, to receive land in payment of what corresponds to them in the social being.
In any case, the ejido or the ejidatarios, as appropriate, will have the right of preference for the acquisition of those lands that have contributed to the patrimony of the society.
Of The Parceled Lands
Article 76.- It is up to the ejidatarios to use, use and usufruct their plots.
Article 77.- In no case shall the assembly or the ejidal commissariat be able to use, dispose or determine the collective exploitation of the parceled lands of the ejido without the prior written consent of the holders.
Article 78.- The rights of the ejidatarios on their parcels shall be credited with their corresponding certificates of agricultural rights or parcels of land, which they shall hold the basic identification data for the parcel. The parcel certificates shall be issued in accordance with the provisions of Article 56 of this Law.
In your case, the corresponding resolution of the agrarian court will make the times of certificate for the purposes of this law.
Article 79.- The ejidatary may take advantage of its parcel directly or grant to other ejidatarios or third parties its use or usufruct, by means of aparceria, medieria, association, leasing or any other legal act not prohibited by law, without the need for authorization of the assembly or of any authority. It will also be able to contribute its usufruct rights to the formation of both commercial and civil societies.
Article 80. The ejidatarios will be able to alienate their parcelary rights to other ejidatarios or coming from the same population core.
For the validity of the disposal is required:
a) The statement of written conformity of the parties to two witnesses, ratified before the public purse;
b) The written notification to the spouse, concubine or concubinaire and the children of the enajenante, who, in that order, will enjoy the right of the same, which they must exercise within the term of thirty calendar days counted from the notification at which the right of their expiration expires. It shall be acceptable for this effect to resign in writing before two witnesses and entered in the National Agrarian Register, and
c) Give written notice to the ejidal commissariat.
Conducted the disposal, the National Agrarian Registry, will proceed to register it and will issue the new parcelary certificates, cancelling the previous ones. For its part, the ejidal commissariat must make the corresponding inscription in the respective book.
Article 81.- When most of the parcels of an ejido have been demarcated and assigned to the ejidatarios in the terms of Article 56, the assembly, with the The formalities provided for by Articles 24 to 28 and 31 of this Law may be satisfied that the ejidatarios may in turn adopt the full domain of such parcels, complying with the provisions of this law.
Article 82.- Once the assembly has adopted the resolution provided for in the previous article, the interested parties may, at the time they deem it appropriate, assume the full domain over their plots, in which case they will request the National Agrarian Registry that the lands in question be discharged from the Register, which will issue the title of respective property, which will be inscribed in the Register Public of the Property corresponding to the locality.
From the cancellation of the corresponding registration in the National Agrarian Registry, the lands will cease to be ejido and will be subject to the provisions of the common law.
Article 83.- The adoption of the full domain over the ejido plots does not imply any change in the legal nature of the other ejido lands, nor does it mean that the legal, statutory or organisational arrangements for the ejido.
The disposal of non-ejido third parties also does not imply that the enajenante loses its quality as an ejido, unless it does not retain rights over another ejido plot or land of use In this case, the ejido commissariat must notify the separation of the ejido to the National Agrarian Registry, which will make the corresponding cancellations.
Article 84.- In the case of the first disposal of parcels on which the full domain has been adopted, the relatives of the enajenante, the persons who have worked plots for more than one year, the ejido, the coming and the core of the ejidal population, in that order, shall enjoy the right of the same, which they shall exercise within a term of thirty calendar days counted from the notification, to whose expiration shall expire such right. If the notification is not made, the sale may be cancelled.
The ejidal commissariat and the supervisory board will be responsible for verifying that this provision is met.
The notification made to the commissariat, with the participation of two witnesses or before the public purse, will take the effects of personal notification to those who enjoy the right of the same. To this end, the commissariat under its responsibility will immediately publish in the most visible places of the ejido a relation of the goods or rights that are used.
Article 85.- In case of simultaneous exercise of the right of the same with equal positions, the ejidal commissariat, in the presence of public fedatere, will perform a draw to determine who the preference corresponds to.
Article 86.- The first disposal of persons outside the core of the population of parcels on which the full domain has been adopted shall be free of taxes or duties (a) the amount of the amount to be paid by the Federal Government of the Member State of the State in which it is established;
From Ejidal Lands in Urban Areas
Article 87.- When the land of an ejido is located in the growth area of a population center, the ejidal population cores may benefit from the urbanisation of their land. In any case, the incorporation of the ejido lands into urban development should be subject to the laws, regulations and plans in force in the field of human settlements.
Article 88.- The urbanization of the ejido lands that are located in protected natural areas, including ecological preservation zones of the centers of (a) population, when compared with the provisions of the respective declaratory.
Article 89.- In all disposal of ejido land located in the areas declared reserved for the growth of a population center, in accordance with the plans of Municipal urban development, in favor of persons other than the ejido, must be respected the right of preference of the governments of the states and municipalities established by the General Law of Human Settlements.
From the New Ejidos Constitution
Article 90.- For the constitution of an ejido it will suffice:
I. That a group of twenty or more individuals participate in their constitution;
II. That each individual brings a land surface;
III. That the core count on an internal rule-of-law project that conforms to the provisions of this law; and
IV. That both the contribution and the rules of procedure are in public deed and are requested to be registered in the National Agrarian Register.
The contribution of land in creditor fraud will be void.
Article 91.- From the inscription referred to in section IV of the previous article, the new ejido shall be legally constituted and the lands provided shall be governed by the provisions of this law for the ejido lands.
Article 92.- The ejido may convert the lands it has acquired under the full domain regime to the ejidal regime, in which case the ejido commissariat shall process the lands. Corresponding inscriptions in the National Agrarian Register, from which this land will be subject to the provisions of this law for the ejido lands.
From Expropriation Of Ejido and Community Goods
Article 93.- The ejido and communal assets may be expropriated by some or some of the following causes of public utility:
I. The establishment, exploitation or conservation of a public service or function;
II. The implementation of actions for urban and ecological planning, as well as the creation and expansion of territorial reserves and areas for urban development, housing, industry and tourism;
III. The implementation of actions to promote and order the development and conservation of agricultural, forestry and fisheries resources;
IV. The exploitation of oil, its processing and conduction, the exploitation of other natural elements belonging to the Nation and the installation of profit plants associated with such holdings;
V. Regularization of the tenure of urban and rural land;
VI. Creation, promotion and conservation of units of production of goods or services of undoubted benefit to the community;
VII. The construction of bridges, roads, railways, landing fields and other works that facilitate transport, as well as those subject to the Law of General Communication and Power lines, hydraulic works, access steps and other related works; and
VIII. The others provided for in the Expropriation Law and other laws.
Article 94.- The expropriation must be dealt with before the Secretariat of the Agrarian Reform. It must be done by a presidential decree that determines the cause of public utility and the property by expropriating and by means of compensation. The amount of the compensation will be determined by the Commission of Avaluos of National Goods, taking into account the commercial value of the expropriated assets; in the case of the V fraction of the previous Article, for the fixing of the amount will be attended to the amount to be charged for regularisation. The decree must be published in the Official Journal of the Federation and the expropriation will be notified to the population nucleus.
In cases where the Federal Public Administration is promoting it, it will do so through the appropriate State Department, depending on the functions identified by the Federal Public Administration. law.
The property subject to the expropriation may only be occupied by payment or deposit of the amount of the compensation, which will be made preferably in the trust National Fund of Ejido promotion or, failing that, by sufficient guarantee.
Article 95.- It is prohibited to authorize the prior occupation of land on the grounds that, with respect to the land, it is processed for expropriation, unless the ejido or the assembly, if it is common land, approve such occupation.
Article 96.- The compensation will be paid to the ejidatarios on the basis of their rights. If such expropriation only affects parcels allocated to certain ejidatarios, they will receive the compensation in the proportion that corresponds to them. If there is a doubt about the proportions of each party, the Agrarian Attorney General will try to reconcile interests and if this is not possible, it will be brought before the competent agrarian court so that it will finally settle.
Article 97.- When the expropriated assets are destined for an end other than that indicated in the respective decree, or if a period of five years has not been met with the cause of public utility, the trust fund National Fund of Ejidal Development will exercise the necessary actions to claim the partial or total reversion, as appropriate, of the expropriated assets and to operate the incorporation of these to their patrimony.
Article 98.- Recognition as a community to the agrarian cores derives from the following procedures:
I. An agrarian restitution action for communities stripped of their property;
II. An act of voluntary jurisdiction promoted by those who keep the communal state when there is no litigation in the matter of possession and communal property;
III. The resolution of a trial promoted by those who retain the communal state when there is litigation or opposition from interested parties regarding the core application; or
IV. The community ejido conversion procedure.
These procedures will result in the corresponding registration in the Public Records of the National Property and Agrarian.
Article 99.- The legal effects of community recognition are:
I. The legal personality of the population core and its ownership over the land;
II. The existence of the Commissariat of Community Goods as an organ of representation and administrative management of the assembly of communeros in terms that establishes the communal statute and the custom;
III. The special protection of communal lands that make them inalienable, imprescriptible and unembargable, except that they are provided to a society in the terms of Article 100 of this law; and
IV. The rights and obligations of the community in accordance with the law and the communal statute.
Article 100.- The community will determine the use of their lands, their division into different portions according to different purposes and the organization for the use of their assets. It may constitute civil or commercial companies, associate with third parties, commission the administration or temporarily cede the use and enjoyment of its assets for its best use. The assembly, with the requirements of assistance and voting provided for the IX fraction of article 23, may decide to transmit the domain of areas of common use to these societies in the cases of manifest utility for the core and in the terms provided for in Article 75.
Article 101.- The community implies the individual status of the community and, where appropriate, allows the holder to use and enjoy his or her parcel and the assignment of his rights to the same in favour of their relatives and their families, as well as the use and benefit of the goods of common use in the terms established by the communal statute. The benefit of the transfer of the right of a community member will acquire the quality of the community.
When there is no litigation, the assignment of existing parcels of fact in the community is presumed to be legitimate.
Article 102.- In cases where there is no allocation of individual plots, the rights corresponding to the individual parcels shall be presumed to be the same as long as the comuneros.
Article 103.- The ejidos that decide to adopt the community regime may do so with the requirements for assistance and voting provided for in Article 23 (XIII) of the this law. The parcelary allocation of the ejidos that opt for the communal quality will be recognized as legitimate.
From the registration of the respective resolution in the National Agrarian Registry, the ejido will be legally transformed into a community.
When those who do not comply with the conversion to the communal system form a minimum number of twenty ejidatarios, they can be maintained as an ejido with the lands that correspond to them.
Article 104.- Communities that want to adopt the ejidal regime may do so through their assembly, with the requirements provided for in Articles 24 to 28 and 31 of this Law.
From the registration of the respective resolution in the National Agrarian Registry, the community will be legally transformed into an ejido.
When those who do not comply with the conversion to the ejidal regime form a minimum number of twenty communeros, they can be maintained as a community with the lands that correspond to them.
Article 105.- For your administration, communities may establish groups or subcommunities with representation and administrative management bodies, as well as adopt different organisational forms without prejudice to the powers of the general bodies of the assembly. The latter may establish the internal organisation of communal groups or sub-communities.
Article 106.- The lands that correspond to the indigenous groups must be protected by the authorities, in the terms of the law that rules article 4. and the second paragraph of section VII of article 27 constitutional.
Article 107.- It is applicable to the communities all the provisions that this law provides for the ejidos, in which they do not contravene the provisions of this Chapter.
OF RURAL SOCIETIES
Article 108.- The ejidos may constitute unions, the object of which shall be the coordination of productive activities, mutual assistance, marketing or other non-prohibited by the Law.
The same ejido, if desired, may at the same time form part of two or more ejido joins.
To constitute a union of ejidos it will require the resolution of the assembly of each of the participating nuclei, the election of its delegates and the determination of the faculties of these.
The constitutive act contained in the statutes of the union must be granted to the public purse and be registered in the National Agrarian Registry, from which the union will have legal personality.
Ejidos unions will be able to establish specialized companies that support the fulfillment of their object and allow them to access the integration of their productive chain in an optimal way.
The ejidos and communities will also be able to establish companies for the exploitation of their natural resources or any kind, as well as the provision of services. They will be able to participate ejido, groups of organized peasant women, children of ejidatarios, communeros, and small producers.
The companies referred to in the previous two paragraphs may take any of the associative forms provided for by law.
Article 109.- The statutes of the union shall contain the following: name, address and duration; objectives; capital and liability regime; list of members and rules for their admission, separation, exclusion, rights and obligations; bodies of authority and surveillance; operating rules; exercise and balance sheets; funds, reserves and profit-sharing, as well as rules for dissolution and settlement.
The supreme body will be the general assembly that will be integrated with two representatives of each of the assemblies of the ejidos or the communities of the union and two representatives appointed from among the members of the commissariat and the supervisory board of the commissariat.
The direction of the union shall be the responsibility of a Board of Directors appointed by the General Assembly; it shall consist of a President, a Secretary, a Treasurer and the Vowels, provided for in the statutes, owners and their respective alternates, and shall have the representation of the union to third parties. For this purpose, the joint signature of at least two of the members of that board shall be required.
Union surveillance shall be carried out by a Surveillance Council appointed by the General Assembly and composed of a President, a Secretary and a Vocal, owners with their respective alternates.
The members of the Union who will be members of the Boards of Directors and the Supervisory Board shall last three years and their powers and responsibilities shall be entered in the statutes of the union.
Article 110.- Rural Associations of Collective Interest may be constituted by two or more of the following persons: ejidos, communities, unions of ejidos or communities, companies in rural production, or partnerships of rural production companies.
Its object will be the integration of human, natural, technical and financial resources for the establishment of industries, exploitation, marketing systems and any other economic activities; they shall have their own legal personality from their registration in the National Agrarian Registry, and when they are integrated with the Rural Production Societies or with associations thereof, they shall also be entered in the Public Records of Rural Credit or Trade.
They are applicable to the Rural Associations of Collective Interest, in the conduct, as provided for in Articles 108 and 109 of this Law.
Article 111.- Rural producers may constitute rural production societies. Such companies shall have legal personality, with a minimum of two partners.
The social reason shall be freely formed and shall be used shall be followed by the words "Society of Rural Production" or its abbreviation "SPR" as well as the liability regime which it has adopted, whether unlimited, limited or supplemented.
Those of unlimited liability are those in which each of its partners responds by itself, of all social obligations in a solidarity manner; those of limited liability are those in which the partners respond to the obligations up to the amount of their contributions to the social capital, and those of the added responsibility are those in which their partners, in addition to the payment of their contribution to the social capital, respond to all social obligations subsidiary, up to an amount determined in the social pact and which will be its supplement, which in no case will be less than two as many of its contribution.
The constitution and administration of the company shall be subject to the provisions of Articles 108 and 109 of this Law. The constitutive act shall be entered in the Public Registry of Rural Credit or the Public of Commerce.
Article 112.- The rights of the members of the company shall be transmitted with the consent of the assembly. Where the company has obligations to a financial institution, the authorisation of the financial institution shall be required.
Rural Production Societies will form their social capital through contributions from their partners, according to the following rules:
I. In unlimited liability companies no initial contribution is required;
II. In those of limited liability, the initial contribution shall be that necessary to form a minimum capital which shall be equivalent to seven hundred times the general daily minimum wage in force in the Federal District;
III. In the case of supplemented responsibility, the initial contribution will be the necessary to form a minimum capital, which must be equal to three hundred and fifty times the general daily minimum wage in the Federal District.
The company's accounting will be carried by the person proposed by the supervisory board and approved by the general assembly.
Article 113.- Two or more rural production companies may constitute unions with their own legal personality from their registration in the Public Registry of Rural Credit or at the Public Trade.
Unions will be formed in accordance with the procedure laid down in Article 108 of this Law. Likewise, the statutes and their organization and operation shall be governed, in the conduct, by the provisions of Article 109 of this Law.
Article 114.- The Secretariat of Finance and Public Credit, considering the persons provided by this law, will issue the regulations of the Public Registry of Rural Credit in which it is specify the registration of the credit operations, which will take the legal effects as if they were registered in the Public Registry of Property and Commerce.
OF THE SMALL INDIVIDUAL PROPERTY OF AGRICULTURAL, LIVESTOCK, AND FOREST LAND
Article 115.- For the purposes of the third paragraph and Article 27 (XV) of the Political Constitution of the United Mexican States, the areas of agricultural land, livestock, or livestock are considered to be latifundia. foresters that, being the property of a single individual, exceed the limits of the small property.
Article 116.- For the purposes of this law, it is understood by:
I. Agricultural land: soils used for the cultivation of vegetables.
II. Livestock land: soils used for breeding and breeding of animals through the use of their vegetation, either natural or induced.
III. Forest lands: soils used for the production management of forests or forests.
Rustic lands that are not effectively dedicated to some other economic activity are repudiated as agricultural.
Article 117.- It is considered small agricultural property the area of agricultural land of irrigation or first moisture that does not exceed the following limits or their equivalents in other land classes:
I. 100 hectares if intended for crops other than those referred to in fractions II and III of this Article;
II. 150 hectares if it is intended for cotton cultivation;
III. 300 hectares if it is intended for the cultivation of bananas, sugar cane, coffee, henequen, rubber, palm, vine, olive, quine, vanilla, cocoa, agave, nopal or fruit trees.
For the purposes of this law, fruit trees are considered to be fruit tree plants that produce useful fruits to man.
For the purposes of the equivalence referred to in this Article, one hectare of irrigation shall be computed, for two periods of time, by four good quality fishing grounds, by eight of the mountain or Fishing grounds on barren grounds.
Article 118.- For the purposes of the application of the limits of the small property, when the same individual is the owner of agricultural land of different kind or is intended for different crops, all of them shall be added according to their equivalences and the respective crop.
In the prediums dedicated to the activities provided for in Sections II and III of Article 117, other crops may be interspersed without the limits being applied. intended for such activities.
Article 119.- The forest land area of any class that does not exceed 800 hectares is considered small forest property.
Article 120. It is considered small livestock property the area of livestock lands which, according to the weighted agosstadero coefficient of the region of in the case does not exceed the necessary to maintain up to five hundred heads of livestock or their equivalent in less livestock, in accordance with the equivalences determined and published by the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Power.
The coefficient of fishing by regions determined by the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food will be done through technical studies taking into account the area required to feed a head of livestock or its equivalent in smaller livestock, taking into account the topographical, climatological and pluviometric factors determining the forage capacity of the land of each region.
Article 121.- The surface of the lands that from their natural state have been improved with irrigation, drainage, leveling or other works executed by their owners or holders, shall continue to be computed in accordance with the class or coefficient of age prior to the improvement, depending on agricultural land or livestock respectively.
At the request of the owner or holder of a property, the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food shall issue certificates in which consists of the class or the coefficient of agostadero of their lands. Such certificates shall be fully tested.
Article 122.- Small livestock properties will continue to be considered as such, even if they are used for agricultural purposes, provided that the land devoted to such purposes has Improved and compliant with the following:
I. That the production obtained from the area for agricultural use is used for the feeding of livestock; or
II. That land used for agricultural purposes, for the purposes of livestock feeding, does not exceed the areas referred to in Article 117. The applicable limit shall be that corresponding to the class that had such land before the improvement.
It will continue in the case of the fraction I who, maintaining at least the number of heads corresponding to the coefficient of old age before the improvement, trade with the surplus products to be obtained due to improvements made.
Plants that are spontaneously obtained on livestock lands may be marketed without the understanding that these lands are intended for agricultural use.
Article 123.- When the land of a small livestock property becomes forest, it will continue to be considered as small property, although it rebase eight hundred hectares.
Article 124.- The lands which, in accordance with the provisions of this law, exceed the extent of the small individual property, shall be divided, if appropriate, and agreement with the procedures provided for in the laws of the federal entities.
In accordance with the provisions of the final part of the second paragraph of Article 27 of the Political Constitution of the United Mexican States, the second paragraph of Article 27 of the Constitution of the United States Two or more equal bids will be made in public, will have preference, in the order indicated:
I. The population centres adjacent to the land for which the disposal is concerned;
II. The municipalities in which the surpluses are located;
III. The federative entities in which the surpluses are located;
IV. The Federation;
V. The other bidders.
OF AGRICULTURAL, LIVESTOCK, OR FORESTRY LAND-OWNING SOCIETIES
Article 125.- The provisions of this Title are applicable to commercial or civil societies that hold agricultural, livestock, or forestry land on property.
Also, the provisions of this Title shall apply to the companies referred to in Articles 75 and 100 of this Law, except when they are engaged in activities other than the indicated in the preceding paragraph.
Article 126.- Commercial or civil societies may not have on property agricultural, livestock or forestry land greater than the equivalent of twenty-five times. the limits of the small individual property and must comply with the following requirements:
I. They must participate in society, at least as many individuals as times over the lands of society the limits of the small individual property. The participation of each individual will be taken into account, either directly or through another society;
II. Its social object shall be limited to the production, processing or marketing of agricultural, livestock or forestry products and other accessories necessary for the performance of that object;
III. Its share capital must distinguish a special series of shares or social parts identified with the letter T, which shall be equivalent to the capital provided in agricultural, livestock or forestry land or for the purpose of acquiring them, in accordance with the value of the land at the time of its contribution or acquisition.
Article 127.- T-series social shares or shares shall not enjoy special land rights or corporate rights other than other shares or shares social. However, when the company is wound up, only the holders of such shares or social parties shall be entitled to receive land in payment of their social security.
Article 128.- The social statutes of the companies to which this Title refers shall contain transcribed the prescriptions referred to in Article 126.
Article 129.- No individual, either directly or through a company, may hold more T-series shares or social parts, whether from one or more issuing companies, that the ones that equate to the extension of the small property.
No company may hold more shares or social parts of a T-series, whether from one or more issuing companies, than those equivalent to a surface equal to twenty-five times the small property.
Article 130.- In the companies referred to in this Title, foreign nationals may not have a holding in excess of 49% of the shares or social parts of series T.
Article 131.- The National Agrarian Registry will have a special section in which they will be entered:
I. Commercial or civil societies owning agricultural, livestock or forestry land;
II. The areas, linderings and colindances of the agricultural, livestock or forestry premises owned by the companies referred to in the previous fraction, with an indication of the class and use of their land;
III. The individuals holding shares or social parts of the T-series of the companies referred to in the section I of this article;
IV. The holding companies of shares or social parts of the social capital of the companies referred to in the first paragraph of this Article;
V. Other acts, documents or information that are necessary to monitor compliance with the provisions of this Title and which provide for the regulation of this law.
Company administrators, as well as the holders of shares or social parts of the T-series, as appropriate, will be responsible for providing the Registry with the information referred to in this article, in the form and terms that the respective regulation of this law states.
Article 132.- When a company rebases the limits to the extent of land permitted by this law, the Secretariat of the Agrarian Reform, after hearing, will order the company within a period of one year, where appropriate, and to dispose of the surplus or to regulate its situation. If the company has not done so, the agency shall discretionally select the land to be disposed of and notify the relevant State authority to apply the procedure referred to in paragraph 1. Article 124.
Article 133.- T-series social actions or parts that an individual or society has in excess of those that are equivalent to or twenty-five times the small property, respectively, they must be disposed of by their owner or their disposal shall be ordered in terms of the land disposal prescribed in the previous article.
Acts or contracts that are intended to simulate the holding of T-string actions will be null.
OF THE AGRICULTURAL ATTORNEY
Article 134.- The Agrarian Attorney's Office is a decentralized body of the Federal Public Administration, with its own legal personality and its own patrimony, sectorized in the Secretary of the Agrarian Reform.
Article 135.- The Attorney General's Office has social service functions and is in charge of the defense of the rights of the ejido, comuneros, successors of ejido or comuneros, ejidos, communities, small owners, and agricultural laborers, through the application of the privileges conferred upon it by this law and its corresponding regulations, when requested, or on its own initiative in the terms of this law.
Article 136.- The following are the attributions of the Agrarian Attorney's Office:
I. To assist and, where appropriate, represent the persons referred to in the previous article, in matters and before agricultural authorities;
II. Advise on the legal queries raised by the persons referred to in the previous article in their relations with third parties that have to do with the application of this law;
III. Promote and seek the reconciliation of interests between the persons referred to in the previous article, in controversial cases that relate to agricultural regulations;
IV. To prevent and report to the competent authority, the violation of the agricultural laws, to enforce the right of its assisted persons and to urge the agricultural authorities to carry out their duties and to issue the recommendations that consider relevant;
V. Study and propose measures to strengthen legal certainty in the field;
VI. Denounce the failure to comply with the obligations or responsibilities of agricultural officials or employees of the administration of agricultural justice;
VII. Exercise, with the assistance and participation of local authorities, the inspection and surveillance functions aimed at defending the rights of their assisted persons;
VIII. Investigate and report cases where there is a presumption of the existence of land grabbing or concentration practices, in larger extensions than legally permitted;
IX. Advise and represent, where appropriate, the persons referred to in the previous article in their formalities and procedures to obtain the regularization and titration of their agricultural rights, before the administrative or judicial authorities that corresponds;
X. Report to the Public Ministry or to the authorities concerned, the facts that come to their attention and which may constitute a criminal offence or which may constitute an administrative offence or offence, as well as to address complaints about irregularities in which the ejidal commissariat is to be incurred, and to be submitted by the monitoring committee; and
XI. The others that this law, its regulations and other laws point out to you.
Article 137.- The Attorney General's Office will have its registered office in Mexico City, Federal District and will establish delegations in all federal entities, as well as offices in all those places it deems necessary.
Article 138.- The controversies in which the Attorney General's Office is directly a party, will be the jurisdiction of the federal courts.
The federal, state, municipal authorities and the agrarian social organizations will be the interveners of the Attorney General's Office in the exercise of their powers.
Article 139.- The Agrarian Attorney's Office will be headed by a Prosecutor. Additionally, the Subprocurators will be part of the Attorney's Office in the order of the Attorney General's office. Regulation of the Interior, by a Secretary General and by a Body of Perical Services, as well as by the other technical, administrative and internal units that are deemed necessary for the proper functioning of the same.
Article 140.- The Agrarian Attorney must satisfy the following requirements:
I. To be Mexican, older and in full exercise of their political and civil rights;
II. Have a minimum of five years ' experience in agricultural matters; and
III. Enjoy a good reputation and have not been convicted of intentional crime that warrants corporal punishment.
Article 141.- Subprocurators must meet the following requirements:
I. To be Mexican, older and in full exercise of their political and civil rights;
II. Possess the day of the designation, with minimum age of two years, professional cedula of law degree and a professional practice also of two years; and
III. Enjoy a good reputation and have not been convicted of intentional crime that warrants corporal punishment.
The Secretary-General shall meet the requirements of the previous fractions I and III.
Article 142.- The Attorney General will be freely appointed and removed by the President of the Republic.
Article 143.- The Subprocurators and the Secretary General of the Attorney General's Office will also be freely appointed and removed by the President of the Republic, on a proposal from the Secretary of Agrarian Reform.
Article 144.- The Agrarian Attorney will have the following attributions:
I. Act as the legal representative of the Attorney General's Office;
II. Direct and coordinate the functions of the Attorney General's Office;
III. Appoint and remove staff from the institution's service, as well as point out their roles, areas of responsibility and remuneration according to the scheduled budget;
IV. Create the necessary technical and administrative units for the proper functioning of the Attorney General's Office;
V. Issue the organisation manuals and procedures, and lay down rules for the proper territorial, administrative and functional deconcentration of the institution;
VI. Make the proposal of the Attorney's Office budget;
VII. Delegate its powers to the subordinate public servants that the Attorney General's Rules of Procedure point out; and
VIII. The others that this law, its regulations and other laws point out to you.
Article 145.- The Secretary General will be responsible for carrying out the administrative tasks of the Attorney General's Office, coordinating the offices of the Office of the Attorney General instructions and provisions of the Procurator.
Article 146.- The Subprocurators will be responsible for directing the functions of their respective areas of responsibility, in accordance with the Interior Regulations of the Attorney General's Office, In the light of the tasks related to the assistance and defense of the rights and interests of ejidos, communities, ejidatarios, comuneros, successors of ejidatarios and comuneros, small owners, and laborers, the assistance in the regularization the land tenure of the same and the inspection and vigilance in the enforcement of agricultural laws.
Article 147.- The body of expert services will be integrated by the experts of the different professional and technical disciplines required by the Attorney General's Office. They shall be responsible for carrying out the studies, expertise, consultations and opinions required by the agency itself.
OF THE NATIONAL AGRARIAN REGISTRY
Article 148.- For the control of land tenure and documentary security resulting from the application of this law, the National Agrarian Registry will function as an organ. (a) the Commission shall, in the event of a change in the ownership of the land and the legal rights constituted on the property, register the documents in which the original operations are established and the changes affecting the ownership of the land; ejidal and communal. The register shall also have a special section for the inscriptions relating to the ownership of companies.
Article 149.- For the purposes of the provisions of Article 27 of the Constitution, the National Agrarian Registry shall provide the necessary technical assistance and coordinate closely with the authorities of the federative entities and the National Institute of Statistics, Geography and Informatics.
Article 150.- The inscriptions in the National Agrarian Register and the constances that are issued from them, will do full proof in judgment and outside of it.
Where acts to which this law refers are to be entered in the Register and do not register, they shall only have effect among the licensors but may not cause injury to third parties, who will be able to take advantage of them in favour of them.
Article 151.- The National Agrarian Registry shall be public and any person may obtain information about their seats and inscriptions and obtain copies at their expense.
Article 152.- You must register for the National Agrarian Register:
I. All judicial or administrative decisions that recognize, create, modify, or exingate ejido or communal rights;
II. Certificates or certificates which cover the rights of the sun, common land and parcels of ejido or community;
III. The primary titles of the communities, and where appropriate, the titles that recognize them as traditional communities;
IV. The drawings and delimitation of the lands referred to in Article 56 of this Law;
V. The plans and documents relating to the rural register and census;
VI. Documents relating to commercial companies, in the terms of Title VI of this law;
VII. Decrees of expropriation of ejido or communal property; and
VIII. The other acts and documents provided for in this law, its regulations or other laws.
Article 153.- The National Agrarian Registry must also carry the inscriptions of all national lands and those denounced as baldiums.
Article 154.- For the purposes of this law, federal, state and municipal authorities are required to provide the National Agrarian Registry with the information statistics, documentary, technical, cadastral and planning, which it requires for the best performance of its functions.
Article 155.- The National Agrarian Registry shall:
I. Carry out alphabetical classifications of names of individuals holders of T-series actions and names of companies that own agricultural, livestock or forestry land;
II. Take geographical classifications of the location of societies, with indications on their extent, class and use;
III. Register operations involving the assignment of rights to ejido land and the guarantee referred to in Article 46, as well as those of the ejido censuses;
IV. Have the processing and optimal availability of the information under your stub; and
V. Participate in the regularization of the tenure of the ejidal and communal land in the terms stated in article 56 of this law.
Article 156.- Notaries and public records of the property, when they authorize or record operations or documents about conversion of ejidal property to full and of This is the case with the ejidal regime, as well as the acquisition of land by commercial or civil societies, they will have to give notice to the National Agrarian Registry. Also, the public notaries must give notice to the Agrarian Registry. National of any translation of the domain of rustic land of commercial or civil societies.
OF VACANT AND NATIONAL LAND
Article 157.- They are baldiums, the lands of the Nation that have not come out of their domain by title legally issued and that have not been disallowed or measured.
Article 158.- They are national:
I. The vacant land and measured in the terms of this Title; and
II. The land which the Nation collects by virtue of the nullity of the securities which it has granted.
Article 159.- The vacant land and the nationals will be inembargable and imprinted.
Article 160.- The Secretariat of the Agrarian Reform shall carry out the operations of dislinde that are necessary, either directly or through the person designated by it. The deslinder shall issue a notice of dislinde in which he shall indicate the place where his offices have been installed, in which he shall lay down the plans relating to the land to be made available to any interested party for consultation. This notice will be published only once in the Official Journal of the Federation, in the official journal of the federative entity in which the field is located that will be dislocated and in one of the newspapers of the most circulation of the own federative entity, fixing it also in the places close to the same terrain. In the latter case, the notice shall be added to a sketch indicating the boundaries and colindances of the field. Owners, holders, colindants and those who are affected by the deslinde shall have a period of 30 working days to set out what is appropriate to them.
The deslinder will notify those who have filed the day, time, and place in which they will begin the operation of the deslinde to the effect that they will participate in themselves or appoint a representative. The minutes of the proceedings, which shall be signed by the deslinder, two witnesses and the persons concerned or non-compliant, shall be drawn up; in the event of non-conformity, this circumstance shall be recorded, without the lack of signature of the latter. affect the validity of the minutes. Owners or holders of premises shall provide all kinds of facilities to enable the work of dislinde to be carried out. In the event of opposition, the deslinder shall request the assistance of the public force.
Received by the Secretariat the documentation of the operations of deslinde will proceed to make the study of the same, both of the topographic technical part, and of the titration sent and shall decide whether or not the land requested is national or, where appropriate, whether or not within the area covered by the area of national land. The resolutions shall be notified to the persons concerned in the addresses they have identified, and shall also be published in the Official Journal of the Federation.
In the event of a dispute regarding the resolutions that the Secretariat of the Agrarian Reform will dictate, the interested party may submit the matter to the knowledge of the agrarian courts, in a the period of 15 working days following the date on which the personal notification has been made available to the person concerned, or of the date of publication in the Official Journal of the Federation in the event of his or her domicile being unknown.
Article 161.- The Secretariat of the Agrarian Reform will be entitled to sell, for consideration, out of auction, national land to private individuals, dedicated to the activity The value of the farm, according to the value of the Technical Committee of Valuation of the Secretariat itself. The land, urban, industrial or other non-agricultural, the Secretariat of the Agrarian Reform shall also be entitled to dispose of them according to the commercial value determined by the Commission of Avaluos of National Goods. The two preceding cases shall proceed, provided that the land is not required for the service of the federal, state or municipal agencies and entities and their intended use is not contrary to the vocation of the lands.
Article 162.- They will be given preference to acquire national land, for consideration, the holders who have exploited them in the last three years. Failing that, Article 58 of the General Law on National Goods shall be in accordance with Article 58.
OF AGRARIAN JUSTICE
Article 163.- These are agricultural judgments which are intended to substantiate, settle and resolve disputes arising out of the application of the provisions of the Treaty. contained in this law.
Article 164.- In the resolution of disputes brought under their knowledge, the courts shall always be subject to the procedure provided for by this law and shall be recorded in writing, in addition to the following:
I.- Trials in which one or both of the parties are indigenous shall be considered the uses and customs of the indigenous peoples or communities to which they belong as long as they do not contravene the provisions of the Political Constitution of the United Mexican States and this law;
II.- The promotions that the indigenous peoples or communities, or the indigenous people in the individual make in their language, will not need to accompany the translation to the Spanish. The court shall make it of its own motion through a person authorized to do so;
III.- The judgments in which one or both parties are indigenous and do not know how to read the Spanish language, the court will make a synthesized version of the points essential to the actions and the judgment given by him, in the language (s) of which he or she is concerned; it must be added in the records that this obligation has been complied with.
In the event of a contradiction between the translation and the resolution, the latter shall be subject to the latter;
IV.- The court will assign a human rights defender and a translator who knows his culture to the indigenous people free of charge, speak his language and the Spanish language, to be explain, in your language, the extent and consequences of the process that follows.
The courts will fill in the deficiency of the parties in their right approaches when it comes to ejido or communal population nuclei as well as ejidatarios and comuneros.
Article 165.- The agricultural courts, in addition, will know in the way of voluntary jurisdiction of the non-litigation matters that are raised to them, that require the intervention judicial, and provide what is necessary to protect the interests of the applicants.
Article 166.- The agrarian courts will provide the necessary precautionary measures to protect the stakeholders. They may also agree to suspend the act of authority on agricultural matters which may affect them as long as it is definitively resolved. The suspension will be regulated by applying the provisions of the First Book, Title II, Chapter III of the Amparo Law.
In the application of the provisions of that order for the purposes of the suspension of the act of authority in agricultural matters, the agricultural courts shall consider the conditions The socio-economic interest of the persons concerned for the establishment of the guarantee inherent in the repair of the damage and compensation which may be caused by the suspension, if the judgment is not favourable to the complaint.
Article 167.- The Federal Code of Civil Procedures is of application, where there is no express provision in this law, in whatever is indispensable to complete the provisions of this Title and which do not object directly or indirectly.
Article 168.- When the court, upon receipt of the claim or in any state of the agricultural procedure, is aware that the dispute or non-litigation matter is not of its competence, on the grounds that it is a court of different jurisdiction or jurisdiction on the grounds of matter, degree or territory, it shall suspend the proceedings and refer the proceedings to the competent court. The act of the incompetent court shall be null, except in the case of incompetence for the reason of the territory.
Article 169.- When the agrarian court recites itself from another in which competition is promoted and considers itself to have its own, the same day it will communicate it to the (a) a competitor, and will forward the file with the office of the Inhibitor, with a special report to the High Court of Agrarian, which will decide, where appropriate, the jurisdiction.
Article 170.- The actor may file his or her claim in writing or by simple appearance; in this case, the Agrarian Attorney's Office will be asked to contribute in its formulation by in a concise manner. In its action, that body shall adhere to the principles of objectivity and impartiality due.
Receipt of the claim, the defendant will be placed to appear at the latest during the hearing. At least the name of the actor shall be expressed on the site, what is required, the cause of the claim and the date and time indicated for the hearing, which must take place within a period of not less than five or more than ten days, from the date on which the site is practised, and the warning that the evidence will be released at that hearing, unless the evidence is not immediately de-drowned, in which case the hearing shall be suspended and the court shall provide the necessary for them to be drowned, within a period of 15 days.
Taking into account the special circumstances of remoteness or the departure of the communication channels and others making it difficult for the parties to access the court, the deadline may be extended. for the celebration of the hearing for up to a fortnight.
A record of settling for days and months, the names of actors and defendants, and the subject matter of the lawsuit should be taken in the agrarian courts.
Article 171.- The site shall be placed on the defendant by the Registrar or actuary of the court at the place the actor designates for that purpose and which may be:
I. The domicile of the defendant, his estate, his office or principal business seat or the place where he works; and
II. Its plot or other place that is frequent and in which it is believed to be found when the site is practiced.
Article 172.- The secretary or actuary who does the placement shall ensure that the defendant is in the designated place and shall carry out the placement in person. If you do not find it and the place is of those listed in section I of the previous article, making sure of this fact, you will leave the cedula with the most trusted person. If the defendant is not found and the place is not of those listed in the above fraction I shall not be left with the cedula, and must be placed again when the actor promotes it.
Article 173.- When the place where the defendant lives is not known or has the principal seat of his business, or when living or working in a place, he or she is refused persons required to receive the site, the notification may be made in the place where it is located.
Prior to the certification that the personal notification could not be made and it has been verified that any person has no fixed address or is ignored If a personal notification is to be put to the court or practice for the first time, the court shall agree that the siting or the notification shall be made by edicts which shall contain the decision to be notified, where appropriate a brief summary of the application and the site and shall be published twice within a period of ten days in one of the most circulation newspapers in the region in which the building is located in connection with the agricultural procedure and in the official newspaper of the State in which the building is located, as well as in the office of the Corresponding Municipal Presidency and in the case of the court.
The notifications given in the form ahead will take effect after 15 days from the date of the last publication and therefore, in the case of This time limit shall be taken into account when the hearing is scheduled to be held in accordance with Article 185.
If the data subject does not appear within the aforementioned deadline, or does not appear to the law hearing, subsequent notifications will be made to the court.
Without prejudice to the notification in the above form, the court may, in addition, make use of other means of mass communication, in order to make them aware of the interested.
Those who appear before the agricultural courts, in the first judicial diligence in which they are involved, or in the first document, must indicate domicile located in the population in which they have (a) the seat of the court concerned, or the offices of the municipal authority of the place where they live, so that the notifications which are to be made are carried out at that place, which, if the person concerned or his representative is not present, will do as an instructor. In this case, personal notifications so practiced will have full legal effects.
When no home address is given to receive personal notifications, they will be made in the court's strates.
Article 174.- The actor has the right to accompany the secretary or actuary who practices the placement to make the indications to facilitate delivery.
Article 175.- The secretary or actuary who practices the placement or delivers the cedula will collect the acknowledgement of receipt and, if he does not know or cannot sign the person he/she should to do so, shall be signed by any other present, on his behalf, with the name of the person with whom he has practiced the placement in the circumstantial act which is lifted and which shall be added to the file.
Article 176.- In the cases referred to in Article 172, the acknowledgement of receipt shall be signed by the person with whom the placement is to be performed. If you do not know or you cannot sign it will do so to your request a witness; if you do not wish to sign or present a witness to do so, you will sign the required witness to the effect by the notifier. This witness cannot refuse to sign, under fine of the equivalent of three days ' minimum wage in the area concerned.
Article 177.- The experts, witnesses and, in general, third parties who are not party may be cited by cedula or by any other reliable means, making sure who does the the accuracy of the address of the person concerned.
From The Agrarian Trial
Article 178.- The copy of the claim will be delivered to the defendant or to the person with whom the respective site is practiced. The defendant will answer the claim at the latest in the hearing, and may do so in writing or by his/her appearance. In the latter case, the court will ask the Agrarian Attorney's Office to contribute in its written formulation in a concise manner. In its action, that body shall adhere to the principles of objectivity and impartiality due.
Article 179.- It will be optional for the parties to attend. In the event that one of the parties is advised and the other does not, with the suspension of the procedure, the services of a defender of the Agrarian Attorney's Office will be immediately requested, which, in order to hear the case, will have five days, from the date on which the procedure is applied.
Article 180.- If upon being called to answer the claim, the defendant is not present and I will find that it was duly placed, which will be checked by the court with special care, the hearing will continue. When the defendant is present, the defendant shall continue to intervene in accordance with the condition in which he is and shall not be admitted to any exception if he fails to demonstrate the impediment of a fortuitous case or force majeure which would prevent him from being prevented from doing so. to respond to the request.
Expressly confessed to the lawsuit in all its parts and explained its legal effects by the magistrate, and when the confession is plausible, it is supported by other elements of The court will rule immediately; otherwise, it will continue with the hearing of the hearing.
Article 181.- Filed the complaint or the appearance, the court of knowledge shall examine it and, if there are irregularities in it or have been omitted from it any of the legally provided requirements, will prevent the advocate from subsane within the eight-day term.
Article 182.- If the defendant oppose counterclaim, he will do so precisely when answering the claim and never after. In the same document or appearance, you must provide the evidence that you consider relevant.
In this case, the actor will be transferred to be in a position to answer what is right and the Tribunal will defer the hearing for a term of not more than ten days, except where the reagreed agrees to continue the hearing.
Article 183.- If at the start of the hearing the actor is not present and if the defendant, a fine equivalent to the amount of one to ten days of minimum wage shall be imposed of the area concerned. If the fine has not been paid, it will not be placed again for the trial.
Article 184.- If at the start of the hearing, neither the actor nor the defendant is present, the placement will be unpracticed and may be reordered if the actor request. The same shall be observed when the defendant is not present and appears not to have been duly placed.
Article 185.- The court will open the hearing and the following preventions will be observed:
I. They will orally expend their claims for their order, the actor their claim and the defendant their response and offer the evidence they estimate to be conducive to their defense and present the witnesses and experts they intend to be heard;
II. The parties can ask each other the questions they want, interrogate the witnesses and experts, and, in general, present all the evidence that can be presented.
III. All actions and exceptions or defenses shall be enforced at the very act of the hearing, without substantiating articles or incidents of prior and special pronouncement. If from what the parties expose prove the provenance of a dilatory exception, the court will of course declare it and will terminate the hearing;
IV. The magistrate will be able to freely ask the questions that he deems appropriate to how many people are in the audience, to charge the people with each other or with the witnesses and to the others, to examine documents, objects or places and make them recognize by experts;
V. If the defendant does not appear or refuse to answer the questions asked, the court may have the other party's claims on the other side, except where it is shown that he did not appear on a fortuitous case or force majeure on trial. own court; and
VI.- In any state of the hearing and in any case before delivering the ruling, the court will urge the parties to a friendly composition. If the agreement is reached, the judgment will be terminated and the respective agreement will be signed, which once qualified and, if necessary, approved by the court, will have the character of the sentence. If not, the court will hear the arguments of the parties, for which it will grant the necessary time to each and then decide their judgment in the presence of them in a clear and simple way.
In the event that the hearing is not presided over by the magistrate, it will not have any legal effect.
Article 186.- In the agricultural procedure all manner of evidence shall be admissible, as long as they are not contrary to the law.
In addition, the court may agree at all times, whatever the nature of the business, the practice, extension or improvement of any diligence, as long as it is conducive to knowledge of the truth about the points questioned.
In the practice of these proceedings, the court shall act as it considers relevant to obtain the best result of them, without prejudice to the right of the parties, hearing and seeking always his equality.
Article 187.- The parties shall bear the burden of proof of the facts of their claims. However, the court may, if I consider that any of the evidence offered is essential for the knowledge of the truth and the resolution of the case, to turn trades to the authorities to issue documents, timely and previously requested. by the parties; to urge the parties or third parties to display those in their possession; to make them appear as witnesses, the third parties pointed out by the parties, if, in protest of truth, they manifest not being able to present them.
Article 188.- In case the test estimate warrants a further study by the court of knowledge, it will subpoena the parties to hear judgment in the term that it considers appropriate, without any such term exceeding 20 days, from the hearing referred to in the preceding articles.
Article 189.- The judgments of the agrarian courts will be given to truth known without the need to be subject to rules on the estimation of the evidence, but to appreciate the facts and the documents according to the courts will estimate it due to conscience, founding and motivating its resolutions.
Article 190.- In agricultural trials, procedural inactivity or lack of promotion of the actor during the four-month period will produce expiration.
Running the Sentences
Article 191.- The agrarian courts are obliged to provide for the effective and immediate execution of their sentences and to that effect they may dictate all necessary measures, including those for the award, in the form and terms which, in their judgment, are derived, without contravening the following rules:
I. If, when the judgment is delivered, both parties are present, the court will question them in the manner that each one proposes for the execution and will seek to reach an agreement in that respect; and
II. The vanquished on trial may propose bail of person rooted in the place or institution authorized to guarantee the obligation imposed on him, and the court, with hearing of the party that obtained, will qualify the bond or guarantee according to his arbitrio and if I accept it, it may grant a term of up to fifteen days for compliance and even longer if the one who obtained was in conformity with it. If the deadline has not been met, the security or guarantee shall be made effective.
If there were any material or legal impossibility to execute a judgment on land in a population core, the party that obtained a favourable judgment may accept the the area actually dislocated, in which case the judgment shall be enforced, with such a circumstance being recorded in the minutes which the actuary lifts.
In case of non-compliance with the execution of the party that obtained favorable judgment, the corresponding arguments will be presented to the actuary, which will settle together with the reasons that prevent the execution, in the circumstantial act that it lifts.
Within 15 days of the lifting of the implementing act, the court of knowledge shall give final judgment on the execution of the judgment and approve the final plane.
Article 192.- The incidental questions raised in the agricultural courts will be resolved jointly with the main, unless by its nature it is forced to decide on them before, or which refer to the execution of the judgment, but in no case will they be formed prior and special article, but they will be decided in a plane.
The connection only proceeds when it comes to judgments that follow the same court and will be resolved after it is promoted, without the need for a special hearing or another performance.
Article 193.- The dispatch of the agricultural courts will begin daily at nine in the morning and continue until the time necessary to conclude all the businesses cited and which have been submitted during the course of the day, the staff being able to withdraw, when they are at least seventeen hours.
With regard to the deadlines set by this Law or the actions before the Agrarian Courts, there are no days or indeft hours.
Article 194.- The hearings shall be public, except where at the discretion of the court the order or the violence may be disturbed. If, at the time indicated for a hearing, the above procedure has not been completed, the persons referred to must remain until the respective case reaches their turn, and the order in question shall be strictly followed for the purposes of the proceedings. which corresponds to them, according to the list of the day to be fixed on the boards of the court with a week before.
When it is necessary to wait for someone who has called the audience or to allow time for the experts to examine the things about which they are to issue If any other case is required in the court's judgment, the hearing shall be suspended for a period not longer than three days.
Article 195.- For each case a file will be formed with the documents relating to it and in any case, with the record of the hearing in which the actions will be settled and highlight the main controversial points and the sentence, sufficiently reasoned and well-founded, as well as its implementation, will be settled. It shall be sufficient for the minutes to be authorized by the magistrate of the court and the registrar or witnesses of assistance where appropriate; but the persons concerned shall have the right to sign them as well, and may make copies thereof, which may be certified by the Secretary. In any event, the person who is due to be present shall sign the minutes unless he does not know or is physically prevented; if possible, his fingerprints shall be printed.
Article 196.- The documents and objects presented by the parties, shall be returned to them upon termination of the hearing only if they so request, taking account of this in the file, prior certified copy of the copy to be added to the cars. If the condemned party expressed its opposition to the return of the constances, because it intended to challenge the resolution by any means, the court will, of course, deny the return and add the constances in merit to its cars for the term which corresponds.
Article 197.- For ease and speed in dispatch, sites, citations, orders, minutes and other necessary documents, will be extended preferably in formats printed which will have the spaces that their object requires and which will be filled with a brief statement of the essential for the accuracy and precision of the document.
Of The Review Facility
Article 198.- The land review facility proceeds against the judgment of the agricultural courts to resolve in the first instance:
I.- Issues relating to the boundaries of land between two or more ejido or communal population cores, or concerning the boundaries of the land of one or more population centres with one or more small owners, societies or associations;
II.- The processing of an agrarian judgment claiming the restitution of ejido lands; or
III.- The nullity of decisions issued by the authorities in the field of agriculture.
Article 199.- The review must be filed with the court that has delivered the judgment under appeal within 10 days of the notification of the resolution. For his/her interposition, a simple writing that expresses the grievances will suffice.
Article 200.- If the resource refers to any of the assumptions in Article 198 and is filed in time, the court will admit it within three days and give a view to the interested parties to express what is at their best interest within a period of five days. Once the foregoing has been done, it shall immediately forward the file, the original of the writing of grievances, and the promotion of the interested third parties to the Superior Court of Agrarian, which will ultimately resolve in a term of ten days from the date of receipt.
Against the final judgments of the Unitarian Courts or the Agrarian High Court, only the trial of amparo will proceed before the corresponding Circuit Court of Circuit. In the case of other acts of the Unitarian Courts in which the amparo proceeds by its nature, it shall know the appropriate district judge.
ARTICLE FIRST.- This law shall enter into force the day after its publication in the Official Journal of the Federation.
ARTICLE SECOND.- The Federal Agrarian Reform Law, the General Law of Rural Credit, the Law of Baldiums, National and Too Many and the Law of Agricultural Insurance and the Law of Agricultural Insurance are repealed. Peasant Life, as well as all provisions that are contrary to those provided for in this Law.
As long as the corresponding provisions are not issued, they will continue to apply, in so far as this law does not apply, the regulatory and administrative provisions in force to the date of entry into force of this law.
ARTICLE THIRD.- The Federal Law on Agrarian Reform that will be repealed will continue to be applied in respect of the issues currently being dealt with in the area of enlargement or allocation of land, forests and water, creation of new population centres and restitution, recognition and certification of communal property.
As regards matters relating to the matters referred to in the preceding paragraph, the processing of which has been completed as a file of the file has been agreed as a matter In the case of the case-law of the Court of Law of the European Parliament, the Court of Law of the European Parliament, the Court of Law of the European Parliament, the Court of Law of the European Parliament, the Court of United Mexican States, published in the Official Journal of the Federation on January 6 of 1992.
The other matters to be known to the agrarian courts shall be taken by the Joint Agrarian Commission or the Agrarian Advisory Body, as appropriate, in the state in which the are found, once those enter functions.
The agricultural authority must provide the courts with the assistance requested for the proper substantiation of the files, so that they are in a position to dictate the appropriate resolution.
ARTICLE FOURTH.- Full validity is recognized for documents legally issued on the basis of the legislation to be repealed. The titles and certificates which are covered by the rights of ejido and community members shall serve as the basis, where appropriate, for the issue of the certificates provided for in this law.
Certificates of inaffectability issued in the terms of the law that is repealed may be offered as evidence in the procedures provided for by this law and shall be valid for the effects of determining the quality of the land, as well as the constances of fishing coefficients issued by the Ministry of Agriculture and Water Resources.
ARTICLE QUINTO.- The existing associative forms based on the orders that will be repealed may continue to operate, in so far as this law is not opposed, with the provisions of the respective orders.
ARTICLE SIXTH.- The Law of Agricultural Promotion is repealed, except as regards the provisions governing the Shared Risk Trust.
ARTICLE SEVENTH.- The credit operations that have been carried out prior to the entry into force of this law will continue to be governed by the General Law of Rural Credit and the relevant provisions to be repealed. The operations carried out by the ejido commissariats, communal assets, as well as the resolutions of the ejido and communal assemblies that had been carried out prior to the entry into force of this law, remain.
The Agricultural Credit Register, constituted under the terms of the Agricultural Credit Act of December 30, 1955, will continue to operate until the Regulation of the Public Registry of Rural Credit, referred to in Article 114 of this Law.
ARTICLE EIGHTH.- Agricultural and livestock colonies may choose to continue to be subject to the regime established in the Agricultural and Livestock Colonies Regulation or to acquire the the full domain of their land, in which case they shall be governed by the civil law of the entity in which they are located.
Within six months of the entry into force of this law, the Secretariat of Agrarian Reform will notify the agricultural and livestock colonies that will be able to carry out the option referred to in the preceding paragraph.
To demonstrate the colonies in favor of the acquisition of the full domain of their lands, the National Agrarian Registry will issue the corresponding titles of property, which will be registered in the Public Registry of the Property of the locality concerned.
Mexico, D. F., as at 23 February 1992.-Dip. Maria Esther Scherman Leano, President.-Sen. Victor Manuel Tinoco Rubi, President.-Dip. Fernando Ordorica Pérez, Secretary.-Sen. Antonio Melgar Aranda, Secretary.-Rubicas. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby express my request for the Decree, in the residence of the Federal Executive Branch, in Mexico City, Federal District at the twenty-three days of the month of February of a thousand nine hundred and ninety-two.- Carlos Salinas de Gortari.-Heading.-The Secretary of Government, Fernando Gutierrez Barrios.-Heading.
TRANSIENT ITEMS OF REFORM DECREES
I decree that I reform and add various provisions of the Organic Laws of the Agrarian and Agrarian Courts.
Published in the Official Journal of the Federation on July 9, 1993
ARTICLE SECOND.- 166; 170, first and second paragraphs 178; 185, fraction VI, and 198, fraction I; and add items 166, with a the second paragraph; 173, with the second to seventh paragraphs; 180, with a second paragraph; 185, with a last paragraph, and 191, with the second to fourth paragraphs of the Agrarian Law, to remain as follows:
FIRST.- This Decree will take effect the day after its publication in the Official Journal of the Federation.
SECOND.- For the resolution of matters relating to the extension or allocation of land, forests and waters, and the creation of new population centres, as referred to in the third article Article 27 of the Political Constitution of the United Mexican States, published in the Official Journal of the Federation on January 6, 1992, the Agrarian Superior Court may have a Chamber Auxiliary, made up of the same number of magistrates and procedure for their the appointment of those currently referred to by the Court. The functioning of the Auxiliary Chamber shall be governed by the provisions of the Rules of Procedure of the Agrarian Courts and its validity may not exceed the time necessary for the resolution of the cases to which the President of the High Court.
Mexico, D.F., at June 30, 1993.-Sen. Mauricio Valdés Rodríguez, President.-Dip. Cesar Jauregui Robles, President.-Sen. Gustavo Salinas Iniguez, Secretary.-Dip. Diego Velázquez Duarte, Secretary.-Rubicas. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby exempt the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the seven days of July 1993.- Carlos Salinas de Gortari.-Heading.-The Secretary of the Interior, José Sponsorio González Blanco Garrido.-Heading.
DECREE amending Article 80 of the Agrarian Law.
Published in the Official Journal of the Federation on April 17, 2008
Article Unique.- Article 80 of the Agrarian Law is reformed, to remain as follows:
ONLY.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., 6 March 2008.-Sen. Santiago Creel Miranda, President.-Dip. Ruth Zavaleta Salgado, President.-Sen. Gabino Cue Monteagudo, Secretary.-Dip. Maria del Carmen Salvatori Bronca, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to ten April of two thousand eight.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Juan Camilo Mourino Terrazo.-Heading.
DECREE amending Article 72 of the Agrarian Law.
Published in the Official Journal of the Federation on 3 June 2011
ARTICLE ONLY.- Reform of Article 72 of the Agrarian Law, to remain as follows:
Unique.- This decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., on March 22, 2011.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Maria Guadalupe García Almanza, Secretary.-Sen. Martha Leticia Sosa Govea, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree at the Federal Executive Branch, in Mexico City, Federal District, at the beginning of June of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.
DECREE amending Article 164 of the Agrarian Law.
Published in the Official Journal of the Federation on June 22, 2011
Article Unique.-Article 164 of the Agrarian Law is reformed, to remain as follows:
First. For the development of the actions to be performed by the court in order to comply with the provisions of this law, it may be supported by the National Institute of Indigenous Languages, as well as at the Federal Institute of Public Defender, in the the scope of their respective powers. It shall also be subject to its budgetary availability.
Second. This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., at 31 March 2011.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Cora Cecilia Pinedo Alonso, Secretary.-Sen. Martha Leticia Sosa Govea, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-one in June of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.
DECREE amending Article 30 of the Agrarian Law.
Published in the Official Journal of the Federation on January 17, 2012
ONLY.- Reform of Article 30 of the Agrarian Law, to remain as follows:
ONLY.- This decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., at December 8, 2011.-Dip. Emilio Chuayffet Chemor, President.-Sen. José González Morfin, President.-Dip. Balfre Vargas Cortez, Secretary.-Sen. Ludivina Menchaca Castellanos, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at 11 January of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrica.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.
DECREE for the reform of various Federal Laws, in order to update all those articles that refer to the Secretaries of State whose name was modified and the Government of the Federal District in the conduct; as well as remove the mention of the administrative departments that are no longer in force.
Published in the Official Journal of the Federation on April 9, 2012
ARTICLE SEVENTH. Articles 66, 120 and 121, last paragraph, of the Agrarian Law are reformed to remain as follows:
First. This decree shall enter into force the day after its publication in the Official Journal of the Federation.
Second. As of the date this Decree enters into force, the provisions that contravene or oppose it are left without effect.
Mexico, D.F., on February 21, 2012.-Dip. Guadalupe Acosta Naranjo, President.-Sen. José González Morfin, President.-Dip. Laura Arizmendi Campos, Secretary.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at thirty March of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.